One of the more troublesome aspects of family law is that relationships between parents and child can become strained. The courts will diligently work to rebuild these bonds. But what happens when that relationship never had a chance?
In the case of OM v. RT & ET, the appeals court was presented with the following question: what are the appropriate procedures that should be followed to introduce the newly-discovered biological father to a child who, for most of his life, was raised believing that another man was his biological father.
Mom married RT who at all times believed he was the biological father of the child. In 2022, the parties were in the middle of a divorce when RT learned he might not be the biological father. A paternity test confirmed this.
OM filed a separate custody action. An order was entered setting forth the procedure for unification between OM and the child. However, during that time the divorce matter was finalized and RT and ET agreed that RT would have custody of the child and ET would have parenting time. When the therapist originally agreed to by the parties refused the assignment, the trial court entered an order requiring immediate unification therapy with a new professional and no evaluation of the families.
These orders were ultimately stayed by the appeals court while the court
The court held that the following should be proper procedure:
- the trial court should appoint an expert therapist to individually meet with the biological father, biological mother, the psychological father, the child, and other appropriate persons, including any step-siblings and experts already working with the family;
- the expert is then to prepare a report making recommendations to the court; and
- the court can then consider if, how, and when unification therapy should be conducted between the biological father and the child.
The court directed that only after the above steps are complete, should a custody determination be made in the case.
Although not common, it does happen that a presumptive father learns after many years that he is not the biological father. While the rights of biological parents are fundamental, the courts must ensure that a child’s best interests are safeguarded. The steps required by the appeals court are designed to do just that.
If you are involved in a complicated child custody case, contact the experienced attorneys at LaBletta & Walters for a consultation.